The Second Department determined injury caused by a glass plate that cracked and fell on plaintiff during demolition was not a “falling object” injury within the meaning of Labor Law 240 (1) because the glass did not requiring securing and the accident was not due to the absence of safety equipment: The Supreme Court should […]
The Second Department determined that a worker who was injured while he was taking measurements at the worksite for stonework which was to be fabricated offsite was engaged in a covered activity under the Labor Law. The court further found that the absence of safety equipment supported summary judgment in favor of the worker even […]
The Second Department determined that a worker who was injured while he was taking measurements at the worksite for stonework which was to be fabricated offsite was engaged in a covered activity under the Labor Law. The court further found that the absence of safety equipment supported summary judgment in favor of the worker even […]
In denying a petition by a guardian to transfer some of the assets of an incapacitated person, the Second Department explained the relevant criteria: A court may grant a petition pursuant to Mental Hygiene Law § 81.21 to authorize a guardian to transfer a part of an incapacitated person’s assets to or for the benefit […]
The Second Department explained the criteria for an Article 78 action (against a judge and district attorney) in the nature of prohibition. In this case Supreme Court had ordered defendant to appear for resentencing after the Appellate Division had ruled without remitting the matter to Supreme Court for further proceedings. The Second Department granted the […]
The Second Department, in reversing Family Court’s finding, explained the criteria for a finding of derivative neglect: …[A] finding of sexual abuse of one child does not, by itself, establish that other children in the household have been derivatively abused or neglected …. The focus of the inquiry to determine whether derivative neglect is present […]
The Second Department explained the standing requirements for a grandparent seeking visitation with a grandchild: In a grandparent visitation proceeding, “the burden of establishing standing lies with the grandparent and it is conferred by the court, in its discretion, only after it has examined all the relevant facts’”…. In determining whether grandparents have standing or […]
In reversing Family Court’s denial of a modification of a custody arrangement, the Second Department explained the criteria for changing a custody arrangement entered into by agreement: Where parents enter into an agreement concerning custody, that agreement will not be modified unless there is a sufficient change in circumstances since the time of when the […]
The Second Department affirmed Supreme Court’s grant of leave to serve a late notice of claim against a school district, in the absence of a reasonable excuse: Here …[t]he District…acquired actual knowledge of the essential facts constituting the claim within 90 days after the claim arose. The District’s employee witnessed the infant petitioner’s accident, which […]
Over a dissent, the Court of Appeals, in a full-fledged opinion by Judge Smith, determined (under the facts of the case) a hospital and an emergency room doctor did not owe an intoxicated patient a duty to prevent him from leaving a hospital. The patient was struck by a car an hour or two after […]
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